HomeMy WebLinkAbout2018_12_11 CC Minutes204
Brookings City Council
December 11, 2018
The Brookings City Council held a meeting on Tuesday, December 11, 2018 at 4:00
p.m., at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Ope Niemeyer, Dan Hansen, Patty Bacon, and Holly Tilton Byrne.
Council Members absent: Nick Wendell, Mary Kidwiler. City Manager Paul Briseno,
City Attorney Steve Britzman, City Clerk Shari Thornes, and Deputy City Clerk Angie
Ritter were also present.
4:00 PM Executive Session
A motion was made by Council Member Hansen, seconded by Council Member
Tilton Byrne, to enter into Executive Session, pursuant to SDCL 1-25-2, for purposes of
discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee, at 4:01 p.m. with
the City Council, City Manager, and City Attorney present. The motion carried by a
unanimous vote. A motion was made by Council Member Bacon, seconded by Council
Member Hansen, to exit Executive Session at 4:45p.m. The motion carried by a
unanimous vote.
6:00 PM REGULAR MEETING
1. Call to Order I Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda: A motion was made by Council Member Hansen, seconded by
Council Member Tilton Byrne, to amend the Consent Agenda to include Resolution 18-
103, a Resolution authorizing the City Manager to sign documents for a Hazard
Mitigation Grant Application. The motion carried by the following vote: Yes: 5-
Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2-Kidwiler, and Wendell
A motion was made by Council Member Hansen, seconded by Council Member
Tilton Byrne, to approve the Consent Agenda as amended. The motion carried by the
following vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2
-Kidwiler, and Wendell
3.A. Action to approve the agenda, as amended.
3.B. Action to approve minutes.
3.C. Action on appointments to City Boards, Committees and Commissions.
Swiftel Center Advisory Committee: appoint Tim Peters (term expires 01/01/2022);
Traffic Safety Committee: appoint Charlie Schnabel (term expires 12/31/2021) and Don
Norton (term expires 12/31/2019).
3.D. Action on Resolution 18-097, a Resolution setting forth a Schedule of
Proposed Fines for Parking Violations of the Ordinances of the City of
Brookings, South Dakota
Resolution 18-097 - a Resolution setting forth a Schedule of Proposed Fines for Parking
Violations of the Ordinances of the City of Brookings, South Dakota.
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
following Schedule of Proposed Fines shall be effective as prescribed by law for all
violations of the Ordinance set forth below.
Section
Parking Offenses
82-522
82-523
82-524
82-525
Schedule of Proposed Fines with Court Costs
Offense Fine Prior Costs
Size of Vehicles
Prohibited Activities
Removal of Vehicles
Permit Parking
60.00
60.00
60.00
60.00
0.00 60.00
0.00 60.00
0.00 60.00
0.00 60.00
Parking Offenses (if paid within 72 hours)/ Without Court Appearance
82-522 Size of Vehicles 60.00 0.00 0.00
82-523 Prohibited Activities 60.00 0.00 0.00
82-524 Removal of Vehicles 60.00 0.00 0.00
82-525 Permit Parking 60.00 0.00 0.00
Total
120.00
120.00
120.00
120.00
60.00
60.00
60.00
60.00
3.E. Action on Resolution 18-100. a Resolution to approve the purchase of a 2019
Elgin Pelican Street Sweeper for the Street Department off of Sourcewell
(formerly NJPA) contract #122017 -FSC through Sanitation Products.
Resolution 18-1 00 -Resolution Approving the Purchase of a
2019 Elgin Pelican Street Sweeper
Whereas, the City Street Department requests action to purchase a 2019 Elgin Pelican
Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract
#122017 -FSC through Sanitation Products; and
Whereas, the new sweeper will replace a 2012 Elgin Pelican sweeper. Replacement of
street sweepers occurs on a 6-year basis in order to reduce maintenance costs and
breakdowns; and
Whereas, the 2019 CIP has a budget amount of $190,000. The total price from
Sanitation Products is $200,816.00. The overage of the CIP amount will be
compensated with the surplus sale of the 2012 Elgin Pelican sweeper.
Now Therefore, Be It Resolved that contract from Sanitation Products from Sioux Falls,
South Dakota in the amount of $200,816.00 be accepted.
3.F. Action on Resolution 18-103, a Resolution authorizing the City Manager to
Sign Documents for a Hazard Mitigation Grant Application.
Resolution 18-1 03 -Resolution authorizing the
City Manager to Sign Documents for a Hazard Mitigation Grant Application
Whereas, the Brookings City Council desires to apply for a Hazard Mitigation Grant
project to the Federal Emergency Management Agency and the State of South Dakota;
and
Whereas, the City of Brookings is committed to providing a local match towards the
project costs; and
Whereas, the City of Brookings appoints Banner Associates as the Applicant Agent for
the purpose of signing documents and assuring the completion of all application
documents.
Now, Therefore Be It Resolved that the City Manager of the City of Brookings is
authorized to sign documents on behalf of the City of Brookings associated with a
Hazard Mitigation Grant application and funding award documents.
City General Employee Contract. A motion was made by Council Member Bacon,
seconded by Council Member Tilton Byrne, that the City General Employee Contract be
approved. The motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon,
Tilton Byrne, and Corbett; Absent: 2 -Kidwiler, and Wendell.
Police Department Union Contract. A motion was made by Council Member Hansen,
seconded by Council Member Niemeyer, that the Police Department Union Contract be
approved. The motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon,
Tilton Byrne, and Corbett: Absent: 2 -Kidwiler, and Wendell.
Resolution 18-093, A motion was made by Council Member Tilton Byrne, seconded by
Council Member Hansen, that Resolution 18-093, a Resolution Awarding Bids for City
Hay Lease in Section 21-T110N-R50W 0f\/est of Brookings Airport), be approved. The
motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne,
and Corbett: Absent: 2 -Kidwiler, and Wendell.
Resolution 18-093 -Resolution Awarding Bids on
City Hay Lease in Section 21-T110N-R50W
Whereas, the City of Brookings opened bids for approximately 85 acres of City Hay
Land for the City-owned parcel located in Section 21-T11 O-R50W on Tuesday,
205
206
November 27, 2018 at 1:30PM at the Brookings City & County Government Center;
and
Whereas, the City of Brookings has received the following bids for City Hay Lease: MC
Hay, Brookings, SO -$110.00 per acre; Tim Bauer, Elkton, SO -$110.00 per acre;
David Roche!, Aurora, SO-$107.50 per acre; Lyle Johnson, Brookings, SO-$82.00 per
acre; and Brian Fett, Dell Rapids, SO -$70.00 per acre; and
Whereas, that MC Hay was selected by lottery as allowed by SDCL 5-18A-5(1 0).
Now, Therefore, Be It Resolved that the high bid of $110.00 per acre from MC Hay,
Brookings, SO be accepted.
Resolution 18-094. A motion was made by Council Member Bacon, and seconded by
Council Member Hansen, that Resolution 18-094, a Resolution awarding Bids on City
Crop Lease in Wiese and Freeland Additions be approved. Motion carried by the
following vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2
-Kidwiler, and Wendell.
Resolution 18-094 -Resolution Awarding Bids on
City Crop Lease in Wiese and Freeland Additions
Whereas, the City of Brookings opened bids for approximately 52 acres of City Crop
Lease for City-owned parcels located in Wiese Addition and Freeland Addition, Sections
18 and 19, T110N, R49W, on Tuesday, November 27,2018 at 1:30PM at the
Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for City Crop Lease:
David Rachel-$206.50/acre, Brian Fett-$150.00/acre, and Tim Bauer-$120.00/acre.
Now, Therefore, Be It Resolved that the high bid of David Rachel, Aurora, SO, for
$206.50 per acre be accepted.
Resolution 18-095. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 18-095, a Resolution awarding Bids for City
Hay Lease in Section 11-T109N-R50W (Main Avenue South & 32nd Street South), be
approved. The motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon,
Tilton Byrne, and Corbett: Absent: 2 -Kidwiler, and Wendell.
Resolution 18-095 -Resolution Awarding Bids to Lease City Hay Land in
Section11-T109N-R50W (Main Avenue South & 32nd Street South)
Whereas, the City of Brookings opened bids for a two-year lease of approximately 18
acres of City hay land in Section 11-T1 09N-R50W, southeast of 32"d Street South and
Main Avenue South, on Tuesday, November 27, 2018 at 1:30PM at the Brookings City
& County Government Center; and
Whereas, the City of Brookings has received the following bids for City Hay Lease:
Tim Bauer, Elkton, SO $50.00/acre; Brian Fett, Dell Rapids, SO $47.00/acre; MC Hay,
Brookings, SO $40.00/acre.
Now, Therefore, Be It Resolved that the high bid of Tim Bauer, Brookings, SO for
$50.00 per acre be accepted.
Resolution 18-096. A motion was made by Council Member Hansen, seconded by
Council Member Tilton Byrne, that Resolution 18-096, a Resolution awarding Bids for
Airport Hay Lease be approved. The motion carried by the following vote: Yes: 5-
Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2-Kidwiler, and Wendell.
Resolution 18-096 -Resolution Awarding Bids on Airport Hay Lease
Whereas, the City of Brookings opened bids to lease approximately 314 acres of Airport
Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T11 0,
R50W, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids for Airport Hay Lease:
Lyle Johnson, Brookings, SO-$78.00 per acre; MC Hay, Brookings, SO-$70.00 per
Acre; Tim Bauer, Elkton, SO-$65.00 per acre; and Brian Fett, Dell Rapids, SO-$56.00
per acre.
Now, Therefore, Be It Resolved that the high bid of Lyle Johnson, Brookings, SO for
$78.00 per acre be accepted.
Legal Services Agreement. A motion was made by Council Member Niemeyer,
seconded by Council Member Hansen, to approve a Legal Services Agreement
(01/01/2019 -12/31/2019) between the City of Brookings and Steven J. Britzman.
Motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne,
and Corbett; Absent: 2 -Kidwiler, and Wendell.
Legal Services Agreement
The City of Brookings and Steven J. Britzman, Attorney-at-Law agree that the City of
Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year
period, commencing January 1, 2019 and ending December 31, 2019, unless extended
by mutual agreement of the parties in writing. The City of Brookings and Steven J.
Britzman desire to set forth the terms of their Agreement concerning the provision of
legal services by Steven J. Britzman as City Attorney as follows:
1. Performance of Legal Services
Steven J. Britzman will perform all legal services as provided in the "Scope of Services
for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of
Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal
services which shall include representing the City in Magistrate Court in the
enforcement of City Ordinances.
2. Insurance Coverage
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount
of One (1) million dollars ($1 ,000,000) per claim and One (1) million dollars
($1 ,000,000) aggregate during the term of this agreement. Steven J. Britzman will be
responsible to pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest
are defined in great detail in the Rules of Professional Responsibility which govern
attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J.
Britzman will follow the Rules of Professional Responsibility, immediately disclose to the
City Council and City Manager any conflict or the appearance of a potential conflict, and
resolve the issue to the satisfaction of the City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2019 through December 31, 2019 of
Seven Thousand Nine Hundred Eighteen and 70/100 ($7,918.70) Dollars, payable on
the last day of the month.
The hourly rate for other legal services, including those set forth in Item 15 of the Scope
of Services is $175.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be performed as an independent
contractor and Steven J. Britzman shall therefore pay all payroll and business expenses
incurred in providing legal services to the City.
5. Expense Reimbursements, Meetings and Conferences
207
208
In addition to the compensation for legal services during this Agreement, the City will
provide Four Thousand Dollars ($4,000.00) for membership in the International
Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference
registration, travel and lodging for the Annual Meeting of the International Municipal
Lawyers Association which includes approximately nineteen hours of continuing legal
education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required to
travel outside the City of Brookings to other meetings or to perform legal services,
provided such travel is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree
that it is appropriate f<:Jr the City Attorney to be responsive to residents of the city, the
media, other municipal attorneys, the municipal league and other public officials where
communication or an appropriate measure of assistance is in the best interest of the
City.
Dated this __ day of December, 2018.
STEVEN J. BRITZMAN, ATTORNEY AT LAW
Steven J. Britzman
Dated this __ day of December, 2018.
CITY OF BROOKINGS, SOUTH DAKOTA
Paul Briseno, City Manager
ATTEST:
Shari Thornes, City Clerk
Scope of Services for City Attorney for the City of Brookings
The City Attorney shall perform the following services:
1. The City Attorney will attend all City Council meetings as the legal advisor for
the Brookings City Council, unless the absence is due to vacation or illness or
the subject matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written
opinions and research as requested by the Brookings City Council and the City
Manager.
3. Provide legal assistance to the City's Boards and Commissions, except the Utility
Board and Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and
by the City in circumstances where the City is not represented by legal counsel
assigned by its insurance company. Legal representation in litigation must be
authorized in each instance by the City Council and compensation will be in
addition to the monthly compensation as provided in Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the
City. .
6. To maintain a working knowledge of Municipal Law on both the State and
Federal level.
7. Provide legal representation for the City before administrative bodies upon
special request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify
a basis for legal proceedings; serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
10. Prepare a monthly written report to the City Manager of legal services performed
which includes a description of the service and the time required to perform the
service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review
labor contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and
attend continuing legal education to ensure the most efficient, cost effective,
and accurate operation of the City Attorney's Office.
14. Review proposed state legislation affecting the City and prepare or supervise
the preparation of state legislation relating to municipal and city government
matters as directed by the City Manager or City Council. Consult with City
Council, the City Manager and department heads in regard to such legislation
and testify before legislative boards as requested.
15. The City Attorney's basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will
be compensated pursuant to the City Attorney's basic fee. Fees for services in a. and b.
above will be as negotiated and agreed upon by the parties.
Resolution 18-099. A motion was made by Council Member Niemeyer, seconded by
Council Member Bacon, that Resolution 18-099, a resolution authorizing the City of
Brookings to Amend the Brookings Marketplace Development Agreement be approved.
Public Comment: Jacob Mills. The motion carried by the following vote: Yes: 5 -
Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2-Kidwiler, and Wendell.
Resolution 18-099 -Resolution Authorizing the City of Brookings to Amend the
Brookings Marketplace Development Agreement
Be It Resolved by the City Council of the City of Brookings, South Dakota (the "City"), as
follows:
Whereas, the City of Brookings approved a Development Agreement between the City
of Brookings and Brookings Marketplace, LLC on December 13, 2016; and
Whereas, the parties now desire to modify Sections 4 and 7 of said Development
Agreement to extend the time of performance by the Developer to allow the City and
Developer to hold further discussions concerning the Brookings Marketplace project.
Now, Therefore, Be It Resolved as follows:
1. That an Amendment to the Development Agreement by and between the City of
Brookings and Brookings Marketplace, LLC is hereby approved; and
2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf
of the City the documents required to complete the Amendment described herein,
consistent with the terms of this Resolution.
Resolution 18-101. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Niemeyer, that Resolution 18-101, a Resolution authorizing the
City of Brookings to execute Lease Extension Amendment Agreements with
Cellular Inc. Network Corporation D/B/A Verizon Wireless, be approved. The
motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne,
and Corbett; Absent: 2 -Kidwiler, and Wendell.
Resolution 18-101 -Resolution authorizing the
City of Brookings to execute Lease Extension Amendment Agreements with
Cellular Inc. Network Corporation d/b/a Verizon Wireless
Be It Resolved by the City Council of the City of Brookings, South Dakota (the "City"), as
follows:
Whereas, the City of Brookings leases three cell towers to Cellular Inc. Network
Corporation d/b/a Verizon Wireless, formerly known as Sanborn Cellular, Inc., d/b/a
Verizon Wireless; and
209
210
Whereas, the three cell towers are located on 22nd Avenue (next to Edgebrook Golf
Course), and near Bob Shelden Field (the East Tower on 8th Street South), and at a
third location on North Medary (next to the BMU wells and the community gardens); and
Whereas, the City has received requests for 25-year least extensions for the three cell
towers, resulting in new proposed expiration dates of 2055 and 2056; and
Whereas, the City of Brookings finds the proposed terms for the cell tower lease
extensions to be acceptable.
Now, Therefore, Be It Resolved as follows the Mayor, City Manager, City Clerk and City
Attorney are hereby authorized to execute on behalf of the City the documents required
to complete the cell tower lease extensions transactions described herein, consistent
with the terms of this Resolution in a manner satisfactory to the City Manager.
. . .
Temporary Liquor Application. A public hearing was held on a Temporary Liquor
Application from St. Thomas More Catholic School, to operate within the City of
Brookings, South Dakota, on February 2, 2019, for a Gala and Grand to be held at 1700
8th Street South. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, to approve the Temporary Liquor Application. The motion carried by
the following vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett;
Absent: 2 -Kidwiler, and Wendell.
Ordinance 18-017. A second reading was held on Ordinance 18-017, an Ordinance
pertaining to the use of commercial pedal cars in the City of Brookings, South Dakota. A
motion was made by Council Member Niemeyer, seconded by Council Member Tilton
Byrne, that Ordinance 18-017 be approved. The motion carried by the following
vote: Yes: 5-Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2-Kidwiler,
and Wendell.
Resolution 18-102. A public hearing was held on Resolution 18-102, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On-Sale
Restaurant Liquor License for or the Lodge, DenWil Hospitality Group, Inc., owner, 2515
6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. A
motion was made by Council Member Hansen, seconded by Council Member
Niemeyer, that Resolution 18-102 be approved. The motion carried by the following
vote: Yes: 5 -Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 -Kidwiler,
and Wendell.
Resolution 18-102 -Den-Wil Hospitality Group, LLC, dba The Lodge
Restaurant Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for
Liquor between the City of Brookings and Dennis Bielfeldt, Den-Wil Hospitality Group,
LLC, owner, dba The Lodge, for the purpose of a liquor manager to operate the on-sale
establishment or business for and on behalf of the City of Brookings at 2515 Sixth
Street, Legal: Block 12, Telkamp Addition, Brookings, South Dakota
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of five (5) years and renewal for
another five (5) years.
2019 City Manager Compensation Package. A motion was made by Council Member
Bacon, seconded by Council Member Hansen, that the 2019 City Manager
Compensation Package be approved. The motion carried by the following vote: Yes: 5 -
Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 -Kidwiler, and Wendell.
City Council member introduction of topics for future discussion. A motion was
made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, to
direct staff to look at the idea of possible electric car charging stations in the City of
Brookings. Motion carried by the following vote: Yes: 5-Niemeyer, Hansen, Bacon,
Tilton Byrne, and Corbett; Absent: 2 -Kidwiler, and Wendell.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, to adjourn the meeting at 6:37 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
211